K.Rajendren v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Rajendren ..

Petitioner Vs.

1. The District Collector Cuddalore District Manjakuppam, Cuddalore 607 001.

2. The Revenue Divisional Officer Cuddalore District Manjakuppam, Cuddalore 607 001.

3. The Tahsildar Veppur Taluk Office Near Bus Stand, Veppur Cuddalore 606 304.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus to call for the records of the impugned order in Na.Ka.A3/1361/2022 dated 21.06.2023 passed by the 3rd respondent and quash the same and consequently direct

the respondents to mutate the revenue records and issue patta to the petitioner for the property situated in Survey Nos.136/1 and 136/2 admeasuring a total extent of 10 acres and 2 cents situated at Kolavai Village, Veppur Taluk, Cuddalore District.

For the Petitioner : Ms.N.Fidelia For the Respondents : Mr.K.Karthik Jegannath Government Advocate

ORDER

(Made by the Hon'ble Chief Justice) We have heard Ms.N.Fidelia, learned counsel for the petitioner and Mr.K.Karthik Jegannath, learned Government Advocate for the respondents.

2. Learned counsel for the petitioner submits that the petitioner has filed an appeal against the order rejecting the application for grant of patta. The said appeal is pending with the first respondent. The appeal is filed on 09.01.2024.

3. It is submitted by learned counsel for the petitioner that the maternal uncle of the petitioner purchased the subject writ property

in auction in the year 1969.

4. Learned Government Advocate submits that the said auction was cancelled on 31.05.1973.

5. According to learned counsel for the petitioner, the said order cancelling the auction was never served upon the petitioner or his maternal uncle till date. Even the amount of auction was never refunded.

6. The petitioner shall appear before the first respondent in the appeal on 25.03.2024. The first respondent shall decide the appeal filed by the petitioner against the order rejecting the application for grant of patta expeditiously on its own merits and in accordance with law, preferably within four months from the date of appearance. Till the appeal is decided, status quo with regard to the subject property be maintained.

7. The parties may take further steps in tune with the order

that would be passed by the first respondent in the appeal.

8. The writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.34488 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 12.03.2024 Index :

Yes/No :

Yes/No kpl To

1. The District Collector Cuddalore District Manjakuppam, Cuddalore 607 001.

2. The Revenue Divisional Officer Cuddalore District Manjakuppam, Cuddalore 607 001.

3. The Tahsildar Veppur Taluk Office Near Bus Stand, Veppur Cuddalore 606 304.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 12.03.2024